1.  Introduction


With these general terms and conditions all other versions will become invalid. Any order accepted by us shall be subject to these conditions of sale and no other conditions shall apply unless previously agreed by us in writing.



2.  Terms of delivery


Within Germany
The minimum order value is 80 EUR net. For spare parts there is no minimum order value. Freight costs and packaging will be charged in addition up to an order value of 250 EUR net. For order values higher than 250 EUR net the delivery onsite will be free of charge. We only sell our items in sales units according to our valid price list, not in single pieces.


Abroad
Outside Germany our general delivery condition is EX WORKS (INCOTERMS 2010) our stock in Germany. We only sell our items in sales units according to our valid price list, not in single pieces.

General terms of delivery
Partial deliveries are allowed. The delivery period shall be determined according to the respective availability to the products contained in the order confirmation and the mode of transport agreed in writing between the buyer and us prior to delivery. Delivery days are working days without Saturday. Delivery period is indicated as the expected period from the acceptance of the order until the handing over to the carrier. Any date or time given by us to the buyer for the delivery of goods is an estimate only and shall not be considered a contractual obligation. In case of force majeure, strikes, disruptions and delivery shortages at our production partners to extend the indicated delivery times.
If a false or double order has been transferred to us, that has been initiated by the buyer in a verifiable way, we reserve the right to charge a handling fee amounting to 15% of the good’s value for additional efforts for the good’s entry and re-stockpiling. The return of these kinds of double or false orders needs to be organized and paid by the buyer.



3.  Terms of payment


Within Germany
Our invoices are payable 10 days after invoice date with an additional early payment discount of 2%, otherwise 30 days net. If the payment term will be exceeded, the default interests on account of delay will be charged in addition. Early payment discounts will only be accepted, if no overdue payments are open. New customers need to pay the first three deliveries in advance. The delivery time could be extended during the business relationship due to regular credit checks. 

Abroad
All deliveries need to be paid 100% in advance. Deviations in requests and orders from our general conditions are only valid if they are expressed by us in writing.
Regarding the diminution of the payment amount we refer to our current payment conditions. The delivery date refers to the date indicated on the delivery note. In case that our credit check procedure has a negative result, we are entitled to withdraw from the sales contract.

 


4.  Prices


All prices mentioned are without engagement. The basis of the pricing is the valid price list as in force and updated from time to time. All prices in the price list include a packaging recycling fee are exclusive of VAT and administration charges (in particular delivery and shipments costs, customs duties, etc.) which shall be payable in addition to the price of the goods. Unless otherwise described in the price list, indicated prices are for one article in each case. Illustrated decoration articles on pictures are not included. There is no obligation on behalf of reer to take back reer products without any claim under warranty from dealers or to redeem costs and flat charges for waste disposal to dealers.

 


5.  Reservation of title


Every delivery shall be effected, provided nationally applicable, subject to the following reservation of title: Title to the supplied merchandise shall only pass to the buyer with the payment in full of the supplied merchandise. The buyer is entitled within the ordinary course of business to process, transform or sell the merchandise subject to this reservation. Claims arising from the resale, which the buyer can collect subject to an objectively justified revocation by us, are hereby assigned by way of security to us. If the merchandise subject to reservation of title is processed or transformed, then this shall always be undertaken for us as manufacturer, without, however, giving rise to obligations. If the title of us is thus lost, then co-ownership of the new article shall alternatively pass to us.

 

6.  Acceptance of merchandise

There is no right of return for ordered items without an accepted claim or according to legal procedure (e.g. call-back), also not for promotional items or bulk orders if not otherwise agreed in writing. The merchandise is to be checked upon receipt that it is free from defects (§ 377 German Commercial Law [HGB]). Obvious defects are to be notified by the recipient in writing immediately and hidden defects promptly after their discovery at latest within 14 days if not agreed otherwise in writing. If transport damage occurs, we are to be informed, as otherwise a processing of the claim against the transport company is jeopardized.

 


7.  Warranty and liability


For the products of the catalogue we shall afford warranty for the duration of 12 months from the passing over of risk regarding material and processing, but not however, wear and tear. In the case of legetimate complaints, we shall remedy deficiencies within the relevant warranty period free of charge at our option by repairing the defect („rectification“) or by supplying a fault-free article („new delivery“). We are, however, not obliged to undertake such remedial measures if the buyer has already interfered with the product in such a manner which makes impossible or more difficult to repair the article. If a remedy fails within a reasonable period, which is to be set by the buyer, the buyer can demand a resonable reduction of the remuneration (lowering of the purchase price) or withdraw from this particular contract of sale and claim damages, if applicable. Contractual claims for damages shall cover intend, gross negligence, the culpable violation of a fundamental contractual obligation and a non-compliance with an expressly furnished warranty. With the exception of international breaches, our liability shall be restricted to the foreseeable loss which may typically occur. This restriction of liability does not affect any claims of a culpable loss of life, physical injury or impairment to health. This shall also apply for conpulsory liability in accordance with the (German) Product Liability Act)
Produkthaftungsgesetz). Otherwise we shall not accept any liability.

 


8.  Overall liability

Additional liability for compensation for damages other than as provider for in no. 9 is - regardless of the legal basis on which the claim is assertet - ruled out. This shall apply in particular for compensation claims for damages based on a breach of contract liability („Verschulden bei Vertragsschluss“), on account of other breaches of duty or on account of tortious claims for the reimbursement of property damage in accordance with § 823 of the (German) Civil Code [BGB]. This restriction shall also apply, to the extent you assert a claim for the  reimbursement of damages instead of the reimbursement of expenditure spent in vain („Ersatz nutzloser Aufwendungen“). To the extent a compensation claim for damages asserted against us is ruled out or is restricted, this shall also apply with regard to the personal liability of our employees and assistants.

 


9.  Applicable law and place of jurisdiction


The contract between the buyer and us shall be governed and construed by the laws of Germany. The United Nations Convention of Contracts for the International Sale of Goods (CISG) is not applicable. Place of jurisdiction of the contract is Leonberg.

 


10. Bank data:

 

Volksbank Leonberg: IBAN: DE 42 6039 0300 0812 1700 08
BIC: GENODES1LEO
Kreissparkasse Böblingen IBAN: DE31 6035 0130 0008 9463 86
BIC: BBKRDE6BXXX
Postbank Stuttgart IBAN: DE 76 6001 0070 0013 3287 04
BIC: PBNKDEFF
Commerzbank IBAN: DE 91 6004 0071 0837 0660 00
BIC: COBADEFFXXX
Hypovereinsbank IBAN: DE 38 6002 0290 0015 7576 20
BIC: HYVEDEMM473

 


11. Legal disclaimer:

 

Registered office: Leonberg
Commercial Register: district court Stuttgart
Registration no.: 252651
WEEE registration no.:: DE19024994
ILN: 4013283000007
European VAT no.:    DE 1972 93411

Leonberg, March 2018